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If you have been charged with an Illinois DUI there are two things
that you need to consider:
1) Take the charge seriously.
A conviction for an Illinois DUI will have long lasting consequences.
A criminal record can affect your employment, your future and your
personal freedom.
2) Hire an experienced Illinois DUI Lawyer.
Understanding the Illinois DUI laws and courtroom proceedings can be a
challenge. Hiring a qualified Illinois DUI Lawyer from DUILaws.com who
focuses on DUI defense can make a difference in the outcome of your
case.
The Illinois DUI Defense Lawyers at DUILaws.com offer an initial review of your case. Your inquiry is both free and confidential.
To begin fighting your Illinois DUI, use the drop-down menu above to locate an Illinois Attorney in your county. But do it now, as time is very critical in an Illinois DUI case.
If you are arrested for Driving Under the Influence in Illinois
you will have to undergo two entirely separate proceedings regarding
the DUI arrest. The first is a criminal proceeding for the offense that
you will have to deal with in a court setting. The second is a civil
proceeding regarding whether or not you will be able to keep your
license, this is done through the Illinois Department of Motor
Vehicles. You may be arrested for DUI in Illinois regardless
of whether or not you have submitted to a breath, blood, or urine test,
and regardless of whether or not the results of the test reveal a
blood/breath alcohol result in a blood alcohol content (BAC)of .08% or
higher.
Illinois typically treats first or second time DUI offenses as
misdemeanors if you are arrested for DUI a third time however that is
generally handled as a felony case. Conviction of a DUI in Illinois can
have very serious consequences including mandatory driver’s license
suspensions, fines and even possibly jail time.
Driving under the influence (DUI)
in Illinois is a serious offense that is classified in
Illinois as a violent crime. If you are convicted of DUI, the offense
will permanently remain on your driving record. If you are arrested
and/or convicted, you may lose your driving privileges and be fined
and/or imprisoned. Repeat arrests or convictions may result in greater
penalties.
Arrest and conviction for DUI can be embarrassing, costly and
inconvenient. If arrested, you will be taken to a police station or
county jail and held there until bond is posted. Your car may be
impounded (towed) and forfeited.
· IMPLIED CONSENT
LAW -
When driving on Illinois roadways, you automatically consent to submit
to certain tests following an arrest for DUI. These can include breath,
blood and/or urine tests to determine if you were drinking or using any
other drug or intoxicating compound before or while driving. A doctor
or registered nurse must perform the blood test. You may have a
qualified person of your own choosing administer more tests at your own
expense.
· STATUTORY SUMMARY
SUSPENSION LAW
- If you are arrested for driving with a BAC of .08 percent or more
and/or any impairing drug in your system, your driving privileges will
be suspended for three months. If you refuse to submit to testing, your
driving privileges will be suspended for six months. If you are a
second offender within a five-year period, your privileges will be
suspended for 12 months if you fail the test or 36 months if you refuse
to test. A test refusal may be used as evidence against you in the DUI
court case. At the time of arrest, the officer will take your license
and, if valid, provide you with a temporary receipt allowing you to
drive for 45 days. Your suspension begins on the 46th day from the
notice date and will not be terminated until you pay the reinstatement
fee and your record is updated.
· DUI
CONVICTION
- In addition to a Statutory Summary Suspension, you may be
convicted of driving under the influence of alcohol, other drugs and/or
intoxicating compounds. The first DUI conviction will result in the
loss of your license for a minimum of one year. You also may be fined
up to $2,500 and given a jail sentence of up to one year. If you are
convicted of a second DUI offense within 20 years, you will lose your
license for a minimum of five years. If this is the second offense
within five years, in addition to other fines and penalties, you will
be sentenced to five days in jail or 30 days of community service. You
also may be fined up to $2,500 and given a jail sentence of up to one
year. A third conviction, which is a Class 4 felony, will result in the
loss of your license for a minimum of 10 years, a possible one to three
years imprisonment and fines of up to $25,000. A fourth conviction will
result in the loss of your license for life.
· A person convicted of DUI with a BAC of .16 or
greater or DUI while transporting a child under age 16, (in addition to
the penalties that apply for each conviction) is subject to enhanced
penalties including additional fines, community service and jail.
A DUI also subjects you to high-risk auto insurance rates for three
years. Before your driving privileges are restored, you must undergo an
alcohol and drug evaluation and successfully complete a rehabilitation
or alcohol and drug education program and/or meet other
requirements.
· ILLEGAL
TRANSPORTATION OF AN ALCOHOLIC BEVERAGE OPEN CONTAINER
- It is illegal for anyone to drink alcoholic beverages in a
vehicle. Both driver and passengers may be issued a traffic citation.
Passengers on chartered buses, motor homes, mini motor homes, and
limousines are exempt. It is illegal to have alcohol in the passenger
area of a vehicle if the container has been opened. If convicted, you
may be fined up to $1,000. If there is a second offense within one
year, your driver’s license will be suspended or revoked for one year.
Any driver under age 21 also faces the loss of driving privileges for
the first conviction.
· AGGRAVATED DUI
-
You may be charged with Aggravated DUI if you, as the driver,
are involved in a death or personal injury crash while driving under
the influence; have received a third DUI; committed DUI while driving a
school bus with children; or received a DUI after a previous history of
reckless homicide or Aggravated DUI involving a death. This is a Class
4 felony punishable by a possible one to three years imprisonment (1-12
years if a personal injury was involved), UNLESS it involves a death,
which is a Class 2 felony with three to 14 years imprisonment (if
multiple deaths, 6-28 years) and fines of up to $25,000. The type of
offense involved will determine the length of license revocation.
· DRIVING ON A
SUSPENDED OR REVOKED LICENSE (FOR DUI, RECKLESS HOMICIDE, LEAVING THE
SCENE OF A FATAL OR PERSONAL INJURY ACCIDENT)
- If you are convicted of driving while your license is revoked
or suspended for the above incidences, the suspension or revocation
period will be extended. Your vehicle may be seized and sold at public
auction, and you will face a mandatory 10 days in jail or 30 days of
community service. This is a Class A misdemeanor carrying fines of up
to $2,500 and possible jail time of up to one year.
All additional convictions are Class 4 felonies carrying fines of up
to $25,000 and one to three years imprisonment. A second conviction of
this violation also may result in 30 days of jail time or 300 hours of
community service. A third conviction carries a mandatory minimum 30
consecutive days in jail. A fourth or subsequent conviction requires a
minimum imprisonment of 180 days.
· ALLOWING SOMEONE
UNDER THE INFLUENCE TO DRIVE YOUR VEHICLE
- It is illegal to allow someone to drive your vehicle if you
know that person is under the influence. If convicted, you may be fined
up to $2,500 and given a jail sentence of up to one year.
· PROVIDING ALCOHOL
TO A PERSON UNDER AGE 21
- If you are convicted of providing alcohol to a person under
age 21, you may be fined up to $2,500 and given a jail sentence of up
to one year, and/or your driving privileges may be suspended under the
Illinois Liquor Control Act.
Illinois Drivers Under 21
In Illinois, the minimum legal drinking age is 21. Licenses for
drivers under age 21 are printed vertically with a distinctive color
pattern across the front, “Under 21 Until (date)” is printed down the
right side of the photo in red, and “Under 18 Until (date)” is printed
down the right side of the photo in yellow. If you are under age 21 and
convicted of DUI you face the following penalties:
· Revocation of driving privileges for a minimum of
two years. A second DUI conviction will result in a minimum five-year
license revocation or until you reach age 21, whichever is longer. A
third DUI conviction, which is a Class 4 felony, will result in a
minimum 10-year revocation. A fourth DUI conviction will result in a
lifetime revocation. Your license also will be suspended for conviction
of illegal transportation or possession of alcohol.
The Secretary of State’s office may issue you a Restricted Driving
Permit (RDP) after one year, but under no conditions will an RDP be
issued to anyone under age 16. The RDP may be used between 5 a.m. and 9
p.m. or as otherwise provided. It is valid for one year. You then would
be evaluated again by the Secretary of State’s office.
· Fines of up to $2,500 and jail sentence of up to
one year.
· Participation in a Youthful Intoxicated Driver’s
Visitation Program.
If you are under age 21, are stopped and issued a citation for a
traffic violation and found to have any trace of alcohol in your system
while operating a motor vehicle, your driving privileges will be
suspended for three months. If you refuse to submit to testing, your
driving privileges will be suspended for six months. If you are a
second offender, your privileges will be suspended for 12 months if you
fail or 24 months if you refuse to test. Your suspension begins on the
46th day from the notice date and will not be terminated until you pay
the reinstatement fee and your record is updated.
If your license was suspended prior to age 18, you will be required to
successfully complete a driver remedial education course to make your
driving privileges valid again. In addition, you may be required to
submit to a complete driver’s license examination to be re-issued a
driver’s license. It is at the discretion of the investigating officer
and based on test results or a test refusal whether a traffic stop
results in a Zero Tolerance or a DUI charge.
Any person under age 21 who is convicted of illegal consumption,
attempting to purchase or possession of alcohol, or accepting an
alcoholic beverage as a gift will lose their driving privileges for one
year.
In Illinois in 2004:
· 604 people were killed in alcohol-related crashes, which was 44 percent of the 1,356 total crash fatalities.
· More than 50,147 DUI arrests were recorded by the Secretary of State's office.
· 92 percent of all drivers arrested for DUI, who were eligible, lost their driving privileges.
· 2,694 drivers under age 21 lost their driving privileges due to "Use It & Lose It" law violations.
· 18 percent of those arrested for DUI are women, who represent 50 percent of all licensed drivers.
· Males ages 21-24 had the highest DUI arrest rate (about 28 per 1,000 licensed drivers). This rate as four
times greater than that of all other drivers arrested for DUI (6 per 1,000).
· 83 percent of all drivers arrested for DUI are first offenders.
Nationally:
· Alcohol-related crash fatalities totaled 16,694 in 2004.
· Alcohol-related occupant fatalities decreased 2.4 percent from 2003 to 2004.
· Drivers with a BAC greater than .08 who were killed in crashes were 10 times as likely to have a prior
conviction for driving while intoxicated.
Facts about .08:
· Illinois' .08 BAC limit was signed into law July 2, 1997. .08 is a measurement of the blood-alcohol
concentration level at which drivers are considered intoxicated and, therefore, are prohibited from driving
on Illinois roadways.
· All 50 states, the District of Columbia and Puerto Rico have .08 BAC per se laws.
· At .08, all drivers are impaired to the point that critical driving skills are greatly diminished. Studies
indicate that at a .08 BAC level, a driver's steering, braking, speed control, lane changing, gear changing
and judgments of speed and distance are all significantly impaired.
· To reach .08, a 170-lb. male would have to consume four or more drinks in a one-hour period on an empty
stomach. A 137-lb. female would have to consume three drinks in one hour to reach .08. A drink is
considered a 12-oz beer, a 5-oz. glass of wine or a cocktail containing 1.5 ounces of 80-proof liquor.
· At .08, a driver is three times more likely to be involved in a car crash than a sober driver, and 11 times
more likely to be killed in a single-vehicle crash.
· Skeptics of .08 laws suggest that repeat offenders are the “real” problem with regard to drunk driving.
However, about 80 percent of alcohol-related crash fatalities are caused by drivers with no arrests for
drunk driving during the previous three years.
Profile of an Illinois Drunk Driver
The average DUI offender is:
· male (82 percent of those arrested are men)
· age 34 (61 percent of those arrested are under age 35)
· arrested between 11 p.m. and 4 a.m. on a weekend
· caught driving with a BAC level of .16 percent